By Wentworth                                          S.B. No. 1366
       74R6700 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to delegation of duties of the tax assessor-collector and
    1-3  county clerk in certain circumstances.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 11.37(a), Alcoholic Beverage Code, is
    1-6  amended to read as follows:
    1-7        (a)  The county clerk of the county in which an application
    1-8  for a permit is made shall certify whether the location or address
    1-9  given in the application is in a wet area and whether the sale of
   1-10  alcoholic beverages for which the permit is sought is prohibited by
   1-11  any valid order of the commissioners court.  The county clerk may
   1-12  delegate this duty in the same manner as provided by Section
   1-13  61.313.
   1-14        SECTION 2.  Subchapter B, Chapter 61, Alcoholic Beverage
   1-15  Code, is amended by adding Sections 61.313 and 61.314 to read as
   1-16  follows:
   1-17        Sec. 61.313.  DELEGATION OF DUTIES OF COUNTY CLERK.  (a)  A
   1-18  county clerk may file a written instrument with the commissioners
   1-19  court of the county delegating to another county official the
   1-20  duties imposed on the county clerk under this chapter.
   1-21        (b)  An action taken by a county officer acting under the
   1-22  delegated authority of the county clerk has the same effect as an
   1-23  action taken by the county clerk.
   1-24        (c)  During the period in which the written instrument is in
    2-1  effect, the county clerk may withdraw the authority delegated and
    2-2  the county clerk may perform a duty imposed by this chapter.
    2-3        (d)  The county clerk may at any time revoke the written
    2-4  instrument.
    2-5        Sec. 61.314.  DELEGATION OF DUTIES OF TAX ASSESSOR-COLLECTOR.
    2-6  (a)  A tax assessor-collector may file a written instrument with
    2-7  the commissioners court of the county delegating to another county
    2-8  official the duties imposed on the tax assessor-collector under
    2-9  this chapter.
   2-10        (b)  An action taken by a county officer acting under the
   2-11  delegated authority of the tax assessor-collector has the same
   2-12  effect as an action taken by the tax assessor-collector.
   2-13        (c)  During the period in which the written instrument is in
   2-14  effect, the tax assessor-collector may withdraw the authority
   2-15  delegated and the tax assessor-collector may perform a duty imposed
   2-16  by this chapter.
   2-17        (d)  The tax assessor-collector may at any time revoke the
   2-18  written instrument.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.